Can a court re-open a finalized divorce to provide an unrepresented party equitable distribution ?

Business 4 views 4 answers
I am 62 years old. My ex-husband and I married at 20 (in 1975), and separated 6 years later. Approximately, 5-6 years after our separation, he (represented by an attorney, I not) presented me with papers to sign and I did. My question is two-fold: I believe that at the time I was presented with those papers, he owned property and other assets and I never received equitable distribution. The divorce was filed in New York County. My husband's name is Scott Clifford Marden, my name is Sherley Marden, nee Ayala and the attorney representing him was Tom Burke. Can the court right this wrong? My second question concerns social security. I no longer have a copy of the divorce decree so I am not sure exactly how long we were married, recall I said he presented me with the papers approximately 5-6 years after our separation. How can I obtain a copy of the divorce decree and am I entitled to collect social security from him?

Attorney Answers

4
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
I'm sorry to bear bad news, but it sounds like it is way too late correct anything. For social security, you must have been married for at least 10 yrs.
0 upvotes
Ira Treuhaft ·
It is unlikely you will be able to reopen a divorce from 30 years ago. You can get a copy of your paperwork at the New York County Clerks office. Your file is probably in storage.
0 upvotes
Linda Mellevold ·
You can request a copy of both your marriage certificate and your judgment of divorce from the New York County clerk's office. It, however, is unlikely that you will be able to revisit any issues settled in the divorce. It is unclear from your time frames if you actually were married for a full ten years. If so, then you will be able to collect under his social security number.
0 upvotes
Andrew Velonis ·
You signed the papers, so you are stuck as far as that goes. You can get a copy of your divorce decree from the County Clerk's Office. Contact your local Social Security office to find out what benefits you are entitled to.
0 upvotes

People Also Asked